What Protections Do Employees Have Against Age Discrimination in Ohio?

Age discrimination remains a persistent issue in an evolving workforce. Many older workers encounter barriers not because of their abilities or experiences but due to preconceived notions about age. These stereotypes can limit opportunities and lead to unfair treatment in hiring, promotions and other employment decisions. It’s essential for employees to understand the legal protections available to combat age discrimination and affirm their rights in the workplace.

Legal Protections Against Age Discrimination

The Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act (ADEA) of 1967 is a critical federal law that protects employees and job applicants aged 40 and above from discrimination. This legislation prohibits age-based discrimination in various aspects of employment, including hiring, firing, promotions, layoffs, compensation, benefits, job assignments and training. The ADEA aims to ensure that workers are evaluated based on their skills and experiences rather than their age.

Employers covered under the ADEA include local governments, businesses with 20 or more employees, labor organizations, employment agencies and federal government agencies. The law is designed to prevent age-related prejudices from overshadowing the contributions of older workers. However, the state of Ohio is immune from liability under the ADEA.

Ohio’s Anti-Discrimination Statute

Ohio reinforces the protections provided by the ADEA with its own anti-discrimination statute, found in Revised Code Chapter 4112. This state law closely mirrors the ADEA but extends protections to employees at smaller businesses, covering employers with four or more employees. Unlike the ADEA, Ohio’s statute also includes state employees, providing broader coverage within the state.

This law allows workers in Ohio to seek compensation for age discrimination even in smaller workplaces, helping to foster a more inclusive work environment across the state.

The Older Workers Benefit Protection Act (OWBPA)

Supplementing the ADEA, the Older Workers Benefit Protection Act (OWBPA) of 1990 offers additional protections concerning employee benefits. The OWBPA ensures that older workers are not discriminated against regarding benefits and outlines specific requirements for severance agreements for employees over 40 years old. These agreements must notify employees of their right to consult with legal counsel, provide a 21-day consideration period, and allow a 7-day revocation period after signing. In cases of group layoffs, the OWBPA mandates a 45-day review period and disclosure of age-based demographic data.

Justifications for Age-Based Actions

In certain situations, employers might attempt to justify actions that appear discriminatory if they can demonstrate that the decision was based on a Reasonable Factor Other than Age (RFOA). For example, if an older worker’s performance is affected by diminished agility and the job requires high agility, the employer may defend their decision by citing agility rather than age. It’s crucial for both employers and employees to understand the difference between legitimate qualifications and discriminatory practices. If an employee suspects they may have been discriminated against, they should know to reach out to an attorney to discuss the next steps. 

Speak to an Employment Attorney

Age discrimination is not only unjust but also counterproductive, depriving organizations of valuable experience. If you believe you are facing age discrimination, understanding your legal rights is the first step towards seeking justice. At Marshall Forman & Schlein LLC, we can review the details of your case, provide informed legal opinions, and develop a strategic plan tailored to your needs. Contact us today to take the first step towards protecting your rights and securing a fair and just workplace.